Section 2-208.1 - Authority of Montgomery County fire and explosive investigator.
§ 2-208.1. Authority of Montgomery County fire and explosive investigator.
(a) Montgomery County fire and explosive investigator, defined.- In this section, "Montgomery County fire and explosive investigator" means an individual who:
(1) is assigned full time to the Fire and Explosive Investigations Section of the Montgomery County Fire Marshal's Office and is a paid employee;
(2) has been employed by the Montgomery County Fire and Rescue Service as a firefighter/rescuer for at least 5 years;
(3) has successfully completed a training program from a police training school approved by the Police Training Commission established under Title 3, Subtitle 2 of the Public Safety Article; and
(4) at all times maintains active certification by the Police Training Commission.
(b) Authority of investigator.- Except as provided in subsection (c) of this section, a Montgomery County fire and explosive investigator has the same authority granted to the State Fire Marshal or a full-time investigative and inspection assistant of the Office of the State Fire Marshal under § 2-208 of this subtitle:
(1) while operating in Montgomery County; and
(2) while operating outside Montgomery County when:
(i) the Montgomery County fire and explosive investigator is participating in a joint investigation with officials from another state, federal, or local law enforcement unit, at least one of which has local jurisdiction;
(ii) the Montgomery County fire and explosive investigator is rendering assistance to another law enforcement officer;
(iii) the Montgomery County fire and explosive investigator is acting at the request of a law enforcement officer or State law enforcement officer; or
(iv) an emergency exists.
(c) Limitation of authority.- The Montgomery County Fire Chief:
(1) may limit the authority of a Montgomery County fire and explosive investigator under this section; and
(2) shall express the limitation in a written policy.
[2004, ch. 377; 2008, ch. 296.]